How Appealing



Monday, November 24, 2014

“Governor names top Obama administration lawyer to California Supreme Court”: Howard Mintz of The San Jose Mercury News has an update that begins, “Defying convention again in his picks for the California Supreme Court, Gov. Jerry Brown has decided to name a top Obama administration lawyer to a vacancy that has been lingering since early this year.”

Maura Dolan of The Los Angeles Times has a news update headlined “Brown to nominate African American woman to California Supreme Court.”

The Sacramento Bee has a blog post titled “Jerry Brown names Obama administration lawyer to California Supreme Court.”

Dan Levine of Reuters reports that “African-American prosecutor named to California Supreme Court.”

Profiles of nominee Leondra Kruger appeared at both WSJ.com’s “Law Blog” and “The BLT: The Blog of Legal Times” in August 2010 when she was named acting principal deputy solicitor general in the U.S. Department of Justice.

The official news release announcing the nomination that California’s Governor’s office issued today is titled “Governor Brown Selects Leondra R. Kruger for California Supreme Court.”

Posted at 3:48 PM by Howard Bashman



“Justices of the PA & U.S. Supreme Courts: Losing Civility?” The episode of The American Law Journal television program that I taped several weeks ago will air on TV tonight and is now available online via YouTube at this link.

Among the guests interviewed in studio, in addition to me, were law professor Garrett Epps, journalist Gina Passarella, and attorney J. Freedley Hunsicker, Jr. Video featuring comments from additional noteworthy guests — including Lynn Marks of Pennsylvanians for Modern Courts; law professor Kermit Roosevelt; and former U.S. District Judge Edward N. Cahn — also appears during the broadcast.

Posted at 3:40 PM by Howard Bashman



Answer in opposition to Third Circuit rehearing petitions filed today: One of the tasks I perform least frequently as an appellate attorney is drafting and filing answers in opposition to rehearing petitions filed in federal appellate courts.

Today, however, I filed such an answer in opposition. It came in an appeal in which my client prevailed before a three-judge panel of the U.S. Court of Appeals for the Third Circuit on October 17, 2014 by a 2-to-1 vote.

You can access the panel’s opinion at this link. You can access the two rehearing petitions the defendants filed here and here. You can access the order requesting a response, which issued two Thursdays ago when I was in Dallas, at this link. And you can access my client’s answer in opposition, filed today, at this link.

Posted at 3:14 PM by Howard Bashman



“Women still have a long way to go in judiciary”: Bob Egelko has this article in today’s edition of The San Francisco Chronicle.

Posted at 1:28 PM by Howard Bashman



“Hacker threatens ‘bombshell’ after Ottawa city websites attacked”: The Toronto Globe and Mail has a news update that begins, “A hacker who took down several official websites in Ottawa during the weekend, including those of the municipality, the local police and the Supreme Court of Canada, is threatening further actions Monday.”

Posted at 1:24 PM by Howard Bashman



“New 10 Commandments monument being built after first monument smashed”: The Associated Press has this report from Oklahoma City.

Posted at 1:22 PM by Howard Bashman



“Here Are All The Cases Of Sexual Harassment Thrown Out Because Of One Supreme Court Decision”: Bryce Covert of ThinkProgress has this report today.

Posted at 1:15 PM by Howard Bashman



“In Justices’ Calculations on Gay Marriage, a Legal Golden Ratio Looms”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:00 PM by Howard Bashman



“Dear Eleventh Circuit: Please don’t ‘football fire’ Judge Mark Fuller, just fire him.” Columnist Kyle Whitmire has this essay online at AL.com.

Posted at 10:48 AM by Howard Bashman



“The Great Paper Caper: Someone swiped Justice Frankfurter’s papers; What else has gone missing?” Jill Lepore has this article in the December 1, 2014 issue of The New Yorker.

Posted at 8:10 AM by Howard Bashman



“In Social-Media Era, When Is Free Speech Illegal? Top Court to Decide Whether Threats on Facebook Break Law.” Jess Bravin has this article in today’s edition of The Wall Street Journal.

You can freely access the full text of the article via Google.

Posted at 8:00 AM by Howard Bashman



“In Partisan Washington, Health Law Faces Grave Legal Technicalities”: John Harwood has this article in today’s edition of The New York Times.

Posted at 7:54 AM by Howard Bashman



Sunday, November 23, 2014

“Class Action Rulings Fuel Court’s Reputation; That’s one factor the NLJ’s Supreme Court team sees driving perception that Supreme Court favors business”: Amanda Bronstad will have this article in tomorrow’s edition of The National Law Journal.

You can freely access the full text of the article via Google.

Posted at 9:55 PM by Howard Bashman



“Supreme Court case tests the limits of free speech on Facebook and other social media”: Robert Barnes will have this article in Monday’s edition of The Washington Post.

Posted at 9:42 PM by Howard Bashman



“Campus Injustice: College disciplinary boards operating in secret impose slight penalties for violence as serious as rape and death.” Today’s edition of The Columbus (Ohio) Dispatch contains this lengthy front page article.

Posted at 1:20 PM by Howard Bashman



“On Obamacare, the G.O.P. Lays a Trap for Itself”: James Surowiecki had this post online last week at The New Yorker.

Posted at 1:03 PM by Howard Bashman



“Ottawa police, Supreme Court websites shut down after possible hack; Aerith, group that hacked City of Ottawa website Friday, claims responsibility”: CBC News has this report.

Posted at 12:57 PM by Howard Bashman



“‘He’ll Be Fabulous’; Judge Sid Thomas to become 9th Circuit’s new chief judge”: In today’s edition of The Billings (Mont.) Gazette, Clair Johnson has a front page article that begins, “On Dec. 1, 9th U.S. Circuit Court of Appeals Judge Sidney R. Thomas of Billings will become the circuit’s new chief judge.”

In addition, Johnson today also has a related front page article headlined “Friends, colleagues praise Thomas as ‘remarkable.’

Posted at 9:50 AM by Howard Bashman



“Brooklyn federal judge lauded by Supreme Court Justice Sonia Sotomayor as he gains senior status; The Supreme Court justice hailed Brooklyn Federal Judge Nicholas Garaufis as a ‘mensch’ during a ceremony marking his elevation in status on the bench”: The New York Daily News has this report.

Posted at 9:37 AM by Howard Bashman



“Amicus: Mental Illness and the Death Penalty; Dahlia Lithwick talks with Scott Panetti’s lawyer and a law professor about issues raised by Panetti v. Quarterman.” Slate posted this podcast online yesterday.

Posted at 9:30 AM by Howard Bashman



Saturday, November 22, 2014

“Legal battle over Prince Charles’ letters reaches supreme court; After nine years, Guardian fight to force publication of ‘black spider memos’ to government ministers may be nearing end”: The Guardian (UK) has an article that begins, “A nine-year battle to force the publication of a set of secret letters written by Prince Charles reaches the highest court in the UK next week.”

Posted at 1:07 PM by Howard Bashman



“Aereo Investors Lose a $95.6 Million Bet on Future of Television; According to bankruptcy papers, Aereo has just $4.6 million in cash left”: Eriq Gardner had this post yesterday at the “Hollywood, Esq.” blog of The Hollywood Reporter.

And today’s edition of The New York Times contains an article headlined “Aereo Concedes Defeat and Files for Bankruptcy.”

Posted at 10:27 AM by Howard Bashman



Friday, November 21, 2014